Want to build extension close to neighbour's tree

[JungleMonkey]

I thought I'd turn to the wisdom of the crowd for some building advice in relation to building near trees.

I have a planning application of an extension on the back of my small terrace. However, following a site visit the council tree officer is recommending a refusal because the building would be too close to a neighbour's tree (which doesn't have a tree protection order). Does anyone have advice about the possibility of building close to a tree without damaging the roots? In this case the 30-40ft silver birch would be about three feet away from where I would want an external wall? I am wondering whether anyone has experience of getting planning approval when building very close to trees by using non-traditional foundations, perhaps screw piling and some form of root protection.

My designer is suggests getting in an arboricultural technician to provide a tree report, which would accompany the planning application on its final stages to decision at the end of the month. However, I'm not keen to lay out £700 for a report which I know is simply going to tell me that I need to protect the roots. I've already funded the design work, so am at risk of digging a money pit only to be told the whole thing is a non-starter.

Ideally, I'd love to hear if anyone has actually successfully secured an approval for building very close to a tree, and what methods you used to win over the council. Unfortunately, I can't shift the location of the planned extension, so it's either this or nothing.

Thanks for giving this your consideration.

[JungleMonkey]

Mandat said:

Have you spoken with your neighbour to find out whether they would agree for the tree to be removed, subject to suitable compensation for them?

Good suggestion. However, the tree is about 40 ft high, the only tree in their garden and quite a nice feature. I'm pretty sure that even if they agreed it would cost a few thousand both to remove the tree and to compensate them for lost property value which, to be fair, it would probably cause.

[JungleMonkey]

Equus said:

As above: agree compensation with your neighbour for removal of the tree (or get them to write a letter saying that they do not object to your extension and accept the possibility of damage/death of the tree as a result).

Otherwise: Listen to your designer.

It is possible to destroy (as a very rough rule of thumb, depending on lots of factors like the species/age/size of tree, ground conditions, etc.) about 25% of the root plate of a tree without killing it. The Arboricultural Consultant should be able to assess the root protection area of the tree and, in conjunction with an engineer, come up with a foundation solution that will work with a reasonable likelihood that the tree will survive.

It will cost you extra money, unfortunately - both in consultants fees and for the foundations - but that's life... you don't have a god-given right to build an extension that damages your neighbour's property, so you need to accomodate the solution at your expense.

Thanks, that's good advice. Being the neighbour's only tree its unlikely he'll want it chopped down or risk it falling down if he gives approval to my building works. Compensation would also likely prove pricey as it would no doubt reduce the value of his property. The tree is a nice feature. I guess I'd just have to get the gumption up to go and ask him.

[JungleMonkey]

With a slight alteration to the plans, I could potentially go down the "permitted development" route and abandon the planning application. Under PD regulations a 3 metre extension could be built without the council being able to prevent. However, since I need to extend 4m I am required to consult the neighbours, who can object. I wonder 1) if the council can still prevent the build on the grounds of this tree being too close and 2) if building regulations can prevent. The annoying thing is that since I went the planning application route there is now a tree officer's report on file.
The ironic thing is that if I extended 3 metres I would still be very close to the tree but in this situation I don't believe the council could prevent the building works.
Of course, whatever the outcome I'd be careful to protect the tree, using piling, as I wouldn't want to damage it for both aesthetic... and legal reasons.

[JungleMonkey]

Equus said:

JungleMonkey said:

I wonder 1) if the council can still prevent the build on the grounds of this tree being too close and 2) if building regulations can prevent.

1) Yes; that's the whole point of the neighbour consultation scheme. Of course, if your neighbour doesn't object, they can't refuse you.

2) Yes; but only if you fail to design the foundations appropriately. It is not within the Remit of Building Regulations to protect trees - they are only allowed to impose conditions or control works which affect the safety, efficiency and function of buildings. They'll be worried about the damage the tree's roots could do to your building, not the damage your building will do to the tree's roots.

Than you. This is very helpful advice. It seems as though I should go for the PD option and hope they don't complain.